#United States #Philadelphia #Eraldo Ferracci #Barber Vintage Festival #Sportbikes Inc.

Van der Veen, Hartshorn & Levin Takes Legal Action Against Barber Vintage Festival

In a significant legal move, attorneys at Van der Veen, Hartshorn & Levin have filed a federal copyright infringement lawsuit. This action arises from allegations that Barber Companies, Inc. and associated entities improperly utilized copyrighted photographs belonging to professional photographer Michael Spain-Smith. The lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania under Case No. 226-cv-07623, representing interests heavily tied to the motorcycle racing industry.

The lawsuit specifically targets the 2025 Barber Vintage Festival, which is renowned for celebrating motorcycle culture. The plaintiffs include Hard Knocks Unlimited, Inc., which publishes Sportbikes Inc. Magazine, its CEO Allan Lane, and Michael Spain-Smith himself. They claim that Barber used Spain-Smith's photographs of motorcycle racing legend Eraldo Ferracci without proper authorization across various media platforms, including Instagram, Facebook, and even promotional materials for the festival.

Spain-Smith's work, documented during a photo shoot at Fast by Ferracci in Willow Grove, Pennsylvania, was licensed for publication in Sportbikes Inc. Magazine but was allegedly never authorized for the type of promotional use that Barber engaged in. The photographer registered his images with the U.S. Copyright Office in January of 2026, which underscores their legal standing.

Unauthorized Use and Damaging Impact

The complaint details how Barber utilized Spain-Smith's photographs in various promotional contexts, shifting beyond mere display into commissioned works such as paintings and fundraising materials. Notably, Barber reportedly commissioned artist Katherine Anne Hicks to create artwork based on these photographs, which were sold as part of fundraising initiatives related to the festival. The legal representatives for the plaintiffs argue that this not only disrespects the work of the photographer but also undermines the inherent rights of creators in the industry.

Continued Use Despite Warnings

In a proactive approach, the plaintiffs sent a demand letter to Barber on December 23, 2025, to cease the unauthorized use of the images, but their requests went unanswered. A follow-up demand was made on February 4, 2026, which also garnered no response. The lawsuit illustrates a worrying pattern: even after Barber was made aware of the infringement and had been requested to stop, they continued to use the images, posting them as late as May 25, 2026.

A Broader Industry Implication

Michael T. van der Veen, the founder of the law firm, stated, "It's not merely an issue of images appearing in promotional contexts; the allegations revolve around the unauthorized incorporation of copyrighted works into various advertising, artwork, and fundraising events." Such actions raise significant questions about the respect for intellectual property in the digital age, where creators are often at risk of their work being used without due credit or compensation.

Brian D. Schroeder Jr., a key associate in this case, emphasized the importance of protecting creativity, especially in today's rapidly evolving landscape of artificial intelligence and digital media proliferation.

Damages and Future Implications

The lawsuit calls for not just damages for the unauthorized use, but also for revenue generated through the infringing activities. The plaintiffs are seeking an accounting of profits associated with the use of the photographs and are demanding that all infringing materials be removed from promotional media. They are pushing for statutory and enhanced damages as well, illustrating the seriousness of their claims.

With the 2026 Barber Vintage Festival looming on the horizon, scheduled for October 9–11 at Barber Motorsports Park in Birmingham, Alabama, the implications of this lawsuit are especially timely. As tensions rise in the lead-up to this well-anticipated event, the legal battle highlights ongoing struggles within the creative industries regarding copyright protections and the rights of creators.

The plaintiffs continue to assert their rights, hoping that justice will safeguard not just their work but also serve as a crucial reminder to others in the industry about the significance of proper licensing and respect for artistic contribution.